K.K. JERATH Vs. STATE OF U.T.

JUDGEMENT

(1.) THIS revision petition is directed against order dated 4.12.2004 passed by the Special Judge, Chandigarh (hereinafter described as 'the trial Court') vide which a charge has been directed to be framed against the petitioner under Section 13(1)(c) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the Act').

(2.) IT has been averred that having regard to the allegations which have been made against the petitioner, the charge under section 13 (1)(c) of the Act could not have been framed against him as the offence did not come within the parameters of these provisions of law.

(3.) LEARNED counsel for the petitioner with reference to the aforementioned allegations contended that none of these allegations comes within the ambit of the provisions of Section 13 of the Act, which lay down that a person is said to have committed an offence of criminal misconduct if he dishonestly or fraudulently misappropriates or otherwise converts of his own use any property entrusted to him or under his control as a public servant or allows any other person to do so. It is his contention that at best, even if the allegations are taken to be correct, it can be termed to be mis-utilization of the resources available at his command and not misappropriation. He further contended that the petitioner has appropriately been punished on departmental side for having committed the aforesaid irregularities, but no criminality can be attributed to him for the same. In view of the above, learned counsel for the petitioner prayed that the impugned order be quashed.